Exempt employees; waiver of exemption; notice of acceptance
Sec. 9. (a) IC 22-3-2 through IC 22-3-6 shall not apply to:
(1) casual laborers (as defined in IC 22-3-6-1);
(2) farm or agricultural employees;
(3) household employees; or
(4) a person who enters into an independent contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
IC 22-3-2 through IC 22-3-6 do not apply to the employers or
contractors of the persons listed in this subsection.
(b) An employer who is exempt under this section from the
operation of the compensation provisions of this chapter may at any
time waive such exemption and thereby accept the provisions of this
chapter by giving notice as provided in subsection (c).
(c) The notice of acceptance referred to in subsection (b) shall be
given thirty (30) days prior to any accident resulting in injury or
death, provided that if any such injury occurred less than thirty (30)
days after the date of employment, notice of acceptance given at the
time of employment shall be sufficient notice thereof. The notice
shall be in writing or print in a substantial form prescribed by the
worker's compensation board and shall be given by the employer by
posting the same in a conspicuous place in the plant, shop, office,
room, or place where the employee is employed, or by serving it
personally upon the employee; and shall be given by the employee
by sending the same in registered letter addressed to the employer at
the employer's last known residence or place of business, or by
giving it personally to the employer, or any of the employer's agents
upon whom a summons in civil actions may be served under the laws
of the state.
(d) A copy of the notice in prescribed form shall also be filed with
the worker's compensation board, within five (5) days after its
service in such manner upon the employee or employer.
(Formerly: Acts 1929, c.172, s.9; Acts 1963, c.387, s.2; Acts 1974,
P.L.108, SEC.4.) As amended by P.L.28-1988, SEC.23;
P.L.258-1997(ss), SEC.1; P.L.201-2005, SEC.2.
Last modified: May 27, 2006